When they must not be asked
Section 142 of the Indian Evidence Act, 1872 deals with when they must not be asked. Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
Section 142, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 146 Leading questions Close, with changes 70%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Furthermore, the sanction granted was issued without proper application of mind. - l) With respect to the trial procedure, it is submitted that the learned Special Judge recorded evidence without adhering to the mandate of Section 142 of the Indian Evidence Act, which explicitly prohibits leading questions during chief examination aimed at prompting witnesses to give answers favorable to the prosecution. - m) It is submitted that the 17th accused in the original crime had pleaded guilty to the charge and he was convicted and sentenced to undergo …
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… Leading questions.—Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question." Section 142 of the Indian Evidence Act states as to when they must not be asked. The same reads thus: "142. When they must not be asked.—Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall …
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… Leading questions.—Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question." Section 142 of the Indian Evidence Act states as to when they must not be asked. The same reads thus: "142. When they must not be asked.—Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall …
Questions about Section 142
What does Section 142 of the Indian Evidence Act deal with?
Section 142 of the Indian Evidence Act is headed "When they must not be asked". Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
How do I find court cases under Section 142 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 142, section 142 IEA, section 142 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 142 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 146 (Leading questions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 142 of the Indian Evidence Act come into force?
Section 142 of the Indian Evidence Act, cited as IEA 142, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.